Butler v. State Court of Cobb County, Georgia
| Butler |
| State Court of Cobb County, Georgia |
| Robert L. Butler |
| Colonel Banks |
| 1:2016cv03449 |
| September 14, 2016 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Cobb |
| Mark H Cohen |
| John K Larkins |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 10, 2016. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 CLERK'S JUDGMENT DISMISSING habeas petition without prejudice. (jpa)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- |
| Clerks Certificate of Mailing as to Robert L. Butler re #8 Clerk's Judgment, #7 Order on Final Report and Recommendation. Notice of street name change for the Atlanta courthouse included. (jpa) |
Filing 7
ORDER adopting #5 Final Report and Recommendation DENYING the Petitioner's habeas corpus petition WITHOUT PREJUDICE for lack of exhaustion of state remedies and Certificate of Appealability is DENIED. Signed by Judge Mark H. Cohen on 11/9/16. (jpa)
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| Civil Case Terminated. (jpa) |
| Submission of #5 FINAL REPORT AND RECOMMENDATION, submitted to District Judge Mark H. Cohen. (jpa) |
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Filing 6
ORDER for Service of #5 Final Report and Recommendation, by Magistrate Judge John K Larkins, III. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge John K. Larkins, III on 10/18/16. (jpa)
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| Filing 5 FINAL REPORT AND RECOMMENDATION recommending the #4 Amended Petition for Writ of Habeas Corpus be DISMISSED WITHOUT PREJUDICE under Rule 4 for lack of exhaustion of state remedies. It is further recommended that a certificate of appealability be DENIED because the exhaustion issue is not reasonable debatable and Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge John K. Larkins, III on 10/18/16. (jpa) |
| Clerks Certificate of Mailing as to Robert L. Butler re #5 FINAL REPORT AND RECOMMENDATION and #6 Order for Service of Report and Recommendation. Notice of street name change for the Atlanta courthouse included. (jpa) |
| Filing 4 AMENDED PETITION for Writ of Habeas Corpus re: #1 Petition for Writ of Habeas Corpus, filed by Robert L. Butler. Related document: #1 Petition for Writ of Habeas Corpus, filed by Robert L. Butler.(jpa) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. |
| Filing Fee Paid: $5, receipt number GAN100087013 (jpa) |
| Filing 3 MOTION to Dismiss by Robert L. Butler. (jpa) |
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Filing 2
ORDER directing the Clerk to reflect on the docket that this is a habeas action under 28 U.S.C. 2254 and to send Petitioner a 2254 petition form and a prisoner IFP application. The Court DIRECTS Petitioner to submit the following within thirty (30) days of the date this Order is entered: (1) either the five-dollar filing fee for a habeas action or, if he is unable to pay the fee, a completed application to proceed IFP, on the provided form, that includes a jail official's certification regarding Petitioner's inmate financial account; and (2) his habeas petition on the provided form, with all portions of the form completed. Signed by Magistrate Judge John K. Larkins III on 9/16/2016. Forms sent to party: Affidavit and Authorization; 28:2254 Forms. (dfb)
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| Clerks Certificate of Mailing as to Robert L. Butler re #2 Order, 28 U.S.C. 2254 Application, Petition for Writ of Habeas Corpus Instructions and Affidavit and Authorization for Withdrawal from Inmate Account. Notice of street name change for the Atlanta courthouse included. (dfb) |
| Submission of #1 Petition for Writ of Habeas Corpus for IFP and Frivolity determination, submitted to Magistrate Judge John K Larkins. (eop) |
| Filing 1 PETITION for Writ of Habeas Corpus, titled, Affidavit to Dismiss, filed by Robert L. Butler. (Attachments: #1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. Modified text on 9/15/2016 (eop). |
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